An insider's view of what is really happening in the Harris County Criminal Courts

Tuesday, November 1, 2011

An Interesting Docket Entry

Anyone who wants to take a look at the 185th District Court's docket for Monday morning, November 7th might be surprised to see some familiar names on the list. Most notably, The State of Texas vs. Carl Hobbs and The State of Texas vs. Steve Morris for Ex Parte Proceedings known as "Show Cause" Hearings. Additionally, there are two Grand Jury court reporters also on the docket for the same reason.

What "Show Cause" hearings typically deal with are people (lawyers or otherwise) who have been or are possibly about to be held in Contempt of Court.

What exactly they are being called to the 185th on Monday for is something that I'm not sure about. I've heard rumors from multiple people, but I'm not in a position to confirm or deny anything at the moment.

But I think that if you have two of the three prosecutors involved in the original 185th Grand Jury incident coupled with two Grand Jury court reporters, one might be able to read between the lines that the District Attorney's Office has clashed, yet again, with the Grand Jury.

63 comments:

One could surmise that grand jury testimony regarding the 185th's inquiry into the BAT Van issues has been compromised in some way. This could get real dicey. No doubt someone did something really bad and/or really stupid.

Thank you, thank you. Did I not call the government integrity division expansion last week. Rumor has it, this is expanding to other cases involving Judges, court employees, and the DAs office which have been covered up in the past several years. Patsy only likes bringing integrity cases from past administrations, and releasing wrongly convicted individuals not prosecuted on her watch.

I'm sure Patsy will be present in the 185th on Monday morning to support her prosecutors. Hahaha. That's what a real leader would do if his/her people were acting under his/her guidance.

If Patsy isn't there, it is only because she will be at the gas station fueling up the bus. She needs to make sure she has enough gas to keep running over all the people that she throws under. The way this is going she is going to have to throw a lot people to try and save herself!

I'd love to see Carl throw Pat under the bus and then calmly announce his retirement. He's beyond eligable to retire and I just can't imagine him getting tangled in this except under duress....duress is Pat's M.O., so it wouldn't be hard to believe at all.

5th of Jack decides--fuck the GJ, fuck the District Judge and fuck the Appellate Court my name is Patsy Lykos and you can't tell ME what to do I'll just get a damn transcript of those stinkin' secret GJ proceedings.

its like Christmas around here these days. It will be a happier year if Joni V gets a nice little GJ subpoena for her attempts at tampering with the process. After the meeting I felt so dirty. I could only hear Joni keep saying, "I am only trying to protect my people."

Protect us from what? Turning in evidence against the L Team. Evidence that would surely kill that career you practically stole from others?

Maybe Carl and Steve were ordered to aprpoach the court reporters, since they're paid by the DA's Office, and asked them to let them look at the transcripts of the 185the GJ? Why else would all be ordered to appear?

Anyone heard if the 185th is still meeting in 1201 Franklin? Or have they found more, um, private headquarters? Because between the taking of secret transcripts, and the fact that the DA's office has long recorded GJ proceedings, there is no doubt that the admin would listen in if possible.

Nobody is going to be able to just glimpse at the court reporter's notes and understand them. The court reporters would have had to be ordered to transcribe them before anyone except another court reporter could read it. And if you know any court reporters, they are not transcribing a single page unless they're being paid and unless they have to. And only someone with the checkbook can authorize it. Do YOU have the desperation, the authority and the big checkbook to be the one who makes a court reporter listen to you and thus authorize their transcription?

I am out of town dealing with a family crisis and reading about all this. A couple of observations:

1. People are foolish to underestimate the ability of Pat Lykos to survive a calamity. This woman does not care about this grand jury or anything like that. What she lacks in basic humanity she makes up for in survivability. When she was judge she was extremely unpopular, yet she got re-elected time after time. Those who think this Grand Jury will bring her down are wrong. She is a cagey politician. Like other cagey politicians, she will have insulated herself with a number of warm bodies. ( see Exhibit 1 - Mondays docket for names of warm bodies) None of them will have what it takes to bring her down. Others may fall, she will not.

2. She also won't be resigning. Those who think she will do so dont understand her. Her personality is not just mean, she is obstinate. She will run another term and whoop Kelly again. The party will stand mute. Does anyone here seriously think that Jared Woodfill has the cojones to stand up to her??? Hell he is probably scared of her.

3. I hope I am wrong but I don't think I am. I expect Lykos and the Lykosians will survive this Grand Jury one way or another. Lykos is here to stay.

4. The only chance of This Grand Jury touching Lykos is if a truly independent prosecutor is appointed. Mr St Martin is an honorable man but his connection to Kelly is undeniable. His participation in the process will only serve Lykos interest in providing het with an automatic " this is political defense". She will come out looking like the victim. No, the smart move here is to replace Mr St Martin with a retired lawyer who is held in high regard and who is not connected to Lykos arch rival Kelly. The smart move Here would be to beg " the Real Bob Bennett" to come out of retirement to serve as special prosecutor. If he obtained indictments against Lykos she would have no credible built in political Defense. That's the smart move. I am not seeing a lot of smart moves, so I doubt it happens.

5. The only other chance to beat Lykos Is to beat her at the polls. A new Republican Candidate for DA with Strong name recognition and a reputation for integrity could possibly beat Lykos in a primary. If the Honorable Michael McSpadden would run against her, he would have a good chance of winning and he would restore the integrity of the office. But that's not likely

Anon 6:16,That would be extortion. The court reporters in the district criminal courts are county employees dumb ass. Our tax dollars don't pay a court reporter to drink coffee and produce gibberish the state is entitled to a transcript without tipping the court reporter.

8:11, you're a dumbass. Talk to the court reporters up there at the courthouse and see how many of them have EVER transcribed a transcript without first being paid for it. They're salaried and the transcripts are their own work product. DUMBASS. STFU until you know how it works.

You should know the court reporters named are employees of the District Attorney's Office. When I worked at the office they never transcribed testimony unless the attorney presenting the case or some other employee of the District Attorney's Office requested they transcribe the testimony. If Hobbs and Morris have transcripts of testimony, then they probably requested it. Now the question is, who let it be known or did so many people read the transcripts it got back to the Judge?

I would assume that since the DA's Office was KICKED OUT of the GJ proceedings that they ain't really got a right to come back later and request a copy of the transcript. I mean, what's the point of a GJ at all if any pissed off Tom, Dick or Hairy Lykos can get a transcript after they've been booted by the GJ under threat of arrest, declined entry by a judge after that and then also declined entry AGAIN by the Court of Appeals? That bitch should go.

I've got copies of them. The Chronicle pretty well summed up the essence of them. There are attachments of the Appellate decision not to order Judge Brown to let the prosecutors in, and the orders appointing a Special Prosecutor. It does not specify facts or how it came to the Court's attention that the prosecutors had the transcripts.

Anon 8:41,Wow. What a sweet deal. In the real world an employee's work product belongs to the employer. I really am a dumbass for not jumping on the gubment's teat with you guys. In your world, working a full day for a full days pay is for dumbasses.

Rage unfortunately you and I have something in common--we've both been Bennett banned.I am obligated, therefore, to respond to Ms. Cynthia Henley's Dick DeGuerin-like-comment here:

Ms. Henley,

Whew a bit testy are we? lt sure sounds like sour grapes after having your butt kicked by Kelly Siegler at the court house more than once. Dick deGuerin is a similar excuse maker when it comes to going toe to toe with Ms. Siegler.Contrary to the media and defense bar agendas all defendants are not innocent. Prosecutors are supposed to work hard on their cases and not settle to try only the whales. It is very easy to blog-blast a prosecutor who is as talented as Kelly Siegler. I mean if you can't beat her straight up at the courthouse just defame and disparage her reputation with impunity on a blog.BAD people? Seriously? The real BAD people Kelly Siegler put behind bars. A high profile prosecutor after 21 years is expected to piss off some people at the court house. And if the facts won't work perception often does. It is intersesting on what the Kelly haters like you have highlighted over Kelly's long career:*In a voir dire she struck a juror stating Lakewood members were nuts and flakes or something to that effect. The juror happened to be black. Several other blacks were already on the jury. This was a murder trial and we are more worried about the benign designation of being referenced as a nut? If that is the most horrible transgression someone had to endure they had a pretty sheltered life. It does not make anyone a racist.*Her husband sent a youtube email. *Her boss was a freak. But Kelly Siegler is BAD people for that too. Give me a break. Compare those "atrocities" to Pat Lykos and company and get back to me. Oh and let's not forget that Kelly Siegler secretly conspired with Judge Susan Brown to make Pat Lykos be Pat Lykos just like Kelly conspired to make Chuck Rosenthal be the fool he was and is. What do they call people who can't differentiate fiction from reality Ms. Criminal Defense Attorney?How exactly is Kelly Siegler similar to John Bradly? By extension, your reasoning and logic would make you just like Andy Nolen. But then again your admiration of Pat Lykos speaks volumes and negates any credibility.

On Mark Bennets Blog, Defending People Cynthia Henley says: 1 November 2011 at 11:28 pm "NEVER Siegler. Sorry but she is B A D bad. People think she is great because she is so mean but that is because they have not been on the receiving end with one of their innocent loved ones. (And that capital murder dismissal – well, that guy got lucky is all I can say.)

Having Kelly would be like having John Bradley back here again . . . (and I’m glad he decided to go be the big fish in a small pond. He was a poo when he was here and has obviously gotten worse.)

Bad as Lykos is, at least she has run off most of the cheaters in the office. There are still a few, and there are still lots of problems, but she has gotten rid of a bunch of – junk"

Cindy:"That guy" you refer to as the capital murder dismissal who got lucky actually has a name--Anthony Graves.You may dismiss the outcome as "he got lucky" but why don't you ask Mr. Anthony Graves himself what he thinks about luck, Kelly Siegler and why? Yet without a scintilla of evidence to substantiate your slur, you chose to throw it out there anyway. Shame on you.

It's a catch 22 game for you and your fellow Kelly haters. Kelly either intentionally convicts innocent people or the dismissed defendant is lucky. Shame on you.

Crabs do not appreciate the obsessive preparation and skill that Kelly Siegler, Peyton Manning, Steve Jobs and others of that class utilize to recognize and seize opportunity.

The crabs confuse success with luck not realizing that luck is when preparation meets opportunity.

If you really believe that Pat Lykos is the savior of the DAs office and that Kelly Siegler is like John Bradley than you need to rent space at the World Trade Center with Daffy Duck.

As for the cheaters and junk at the HCDAO--they've been run in not out.

Just read Bennett's blog and wow. These guys are really good. Plotting for HPD to buy BATmobiles several years ago, plotting for Amanda Culbertson to question the realiablity of the intox machines, plotting for Channel 13 to do a story about the issue, plotting for Lykos to seek an end of a contract with Lone Star ending Culbertson's employment with Lone Star, plotting for a GJ to begin an independent investigation, plotting for Hobbs, Morris and Barnhill to remain in the GJ after having been asked to leave, plotting for the GJ bailiff to threaten them with arrest, plotting for the DA's Office to file a motion which revealed the entire event, plotting with the 14th Court of Appeals for a quick smack down on the application for writ of mandamus, plotting for the GJ to make application for attorney pro tem, plotting the appointment of Steven St. Martin and Jim Mount, plotting for Hobbs and Morris to get copies of the transcripts of the witnesses who appeared, all to help Kelly Siegler. (they seemed to have forgotten to plot for Siegler to run again) OR....... Bennett has joined forces with Lykos to try to insure the continued poor quality of prosecution in Harris County by floating this bizarre theory. It is easier to win when the state has no adaquate training or leadership.

When I was in Jr. High, there was a guy in the back of the class, who was, well average. Good steady C student, average to below average in sports. But there was one thing he excelled at, seeking attention. In every class his hand was up with some bizarre comment or claim. When the teacher or other student would point out how incorrect he was, he would mutter how he knew more than the teacher or he would call the student stupid. Never could support anything he said with any resource or citation other than "everybody knows". I never saw him in high school because I did not take shop. Now I know what happened to him.

Well stated. Rage is that proverbial guy from the past who never quite measured up. He is defined by his pathological lies and delusions. Fantasy and reality are a very thin line for this guy. When Rage's reality is challenged he goes into relative stages of meltdown. The greater he perceives the threat the angrier he becomes. He has no real grasp of substantive issues and exposes his weakness by resorting to Jr. High name calling, hence your flashback. Rage essentially is a narcissist with nothing to back up his grandiosity but for his rants in cyber space. He thrives on the attention that he can not obtain in the real world with real people face to face.This comment, yours and the others who engage him feed the emptiness that defines Rage.When his real world identity is exposed, which it will be, we will discover a mediocre individual of no particular import that will conjure up, "eh, that's him?"

Oh rage, you really got me with your response. A grown up variation of the rubber glue retort but still a Jr. High response. I know you will now win with that time honored, Jr.High classic winning last person to say is so, uh huh or you're stupid.

Anon 8:48 Thank you for your post. A long time ago I commented that it was best to ignore rage. To respond is simply to give him the attention he so desperately seeks. I will not be responding to anything rage posts in the future and suggest others follow suit.

There is one bad decision being made after another by the office. Do we really think Carl Hobbs was involved in making any of the decisions in trying to obtain transcripts he isn't supposed to have? He was just following orders from der Fuhrer.

Also...does anybody see the egregiousness of convicting a person in court 4 not only in light of Pat stating HPD shouldn't be trusted to manage the BAT Vans but Amanda Culbertson actually removed three of the breath test machines on April 21st, 2011...coincidentally the exact same day as the defendant's breath test in the trial in court 4! Unbelievable.

McSpadden? Excellent idea. Runs with a monied crowd and respected by the downtown business community. Excellent name ID, tough on crime reputation and more than anything, able to play with Lykos. She throws mud and he'll know how to respond. He won't flinch. I actually thought of someone on the misdemeanor bench of what she brings to the table in a Republican primary. I doubt she'd do it. She's got a great life and I'm not sure if she'd want the job.Lykos is ready for the two folks most people think will run against her.Lykos is great at crafting and maintaining her image. She's flawed or weak in certain respects like all elected officials. She's expanded her base in anticipation of a tough race in the general election. No one is really her friend except for Chow. It takes years to become her friend. She has confidants and loyalists. That's as close as you're gonna get. I'm not sure if she has any old staffers of hers working with her. That would change my opinion. She can be beat. I've always respected her political instincts, but she's not perfect. I know it's easy to believe the recent media coverage about the office would lead someone to believe Lykos will lose, it's just not that easy.

To two who popped off here: You actually used your real names on Defending People and Mark Bennett "banned you" from posting? He has a no anonymous policy. Why were you two banned if you used your real names?

About Me

I'm a Criminal Defense Attorney and a former Harris County prosecutor. I've been involved in Criminal Law since I was in college, and I've been practicing in Houston for over 15 years.
Most people never have to come down to the Harris County Criminal Justice Center unless they have jury duty. This blog is meant to give the Outsider an inside view.
These are just my opinions. The opinions of the Commenters are also just their opinions and I don't endorse them. But (within reason), I want everybody to be able to have a forum to say what they want to say.